Posted On: January 30, 2008 by Greenberg & Rudman

PEDESTRIAN HIT BY CAR IN CROSSWALK IN NEAR FATAL MOTOR VEHICLE ACCIDENT; LOS ANGELES PERSONAL INJURY ATTORNEY OBTAINS SETTLEMENT

Our Los Angeles based personal injury law firm obtained a significant settlement for a ten year old pedestrian who was lucky to avoid wrongful death when a car hit him in a crosswalk in a very serious Los Angeles, California car accident, and he suffered significant damages. A settlement was also obtained for his father who suffered emotional distress from witnessing the accident and the terrible injuries to his son.

The boy suffered multiple personal injuries including fractures to his face, arms and legs when the car crashed into his body and sent him flying through the air, causing him to land forcibly on the asphalt street.

The father suffered severe emotional distress from watching the accident take place and the pain and suffering of his child.

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The boy had accompanied his father and uncle when they were shopping for a new car at local car dealership. As they left the dealership they headed towards a crosswalk, to walk back to their car which was parked across the street. The crosswalk light was green when the boy and his uncle began to cross. The father who was behind them, was stopped before he entered the crosswalk by a man on the street asking for directions. The son who was halfway across the intersection while holding his uncle's hand had turned around and noticed his father was still on the sidewalk. He began to run back to his father, when a man test driving a vehicle from the dealership, intending to make a right turn on a red light, entered the crosswalk, and struck the boy right before his father's eyes.

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The boy was lucky to escape death, but still suffered multiple fractures, and massive injuries to the bones surrounding his eye, which required reconstructive surgery.

We sued the driver of the car and the dealership (as the registered owner of the vehicle) for negligence. The boy had a claim for his personal injuries, and the father had a claim for negligent infliction of emotional distress. In California, a person may have a claim for negligent infliction of emotional distress if he is present and aware of an event causing injury to a close family member.

The driver and dealership claimed that the boy was negligent for running in the crosswalk, and that the father and uncle were negligent in failing to properly supervise the boy.

We took the depositions of the witnesses and all the parties involved to get all the facts of the accident. We then hired an accident reconstruction expert who inspected the accident scene, reviewed the depositions and concluded that the vehicle was speeding and failed to even slow down for the pedestrian.

Through our hard work and dedication we were able to convince the insurance companies for the driver and dealership that we were likely to obtain a big jury verdict if the case went to trial, and ultimately reached a very significant settlement for the boy and his father.